Refusal of a disability pension due to an illegal minimum threshold

Facts

[L.] was the victim of an accident on 30 September 1991 during his recruit school, resulting in the partial amputation of the terminal phalanx of his left middle finger. The Federal Military Insurance Office (OFAM) refused to grant him a disability pension, on the grounds that the minimum threshold of 2.5% prescribed by the ordinance was not reached. The Administrative Court of the Canton of Neuchâtel confirmed the refusal of the pension, but awarded [L.] a compensation of 4,000 francs as moral damages. OFAM appealed against this decision.

Considerations

The Federal Court ruled that the regulation setting a minimum threshold of 2.5% for the granting of a disability pension was contrary to the law. The legislator intended that permanent impairments to integrity, even without a reduction in vital functions, should entitle to a pension according to Art. 48 et seq. MilIA. The setting of a minimum threshold by the ordinance exceeds the competence of the Federal Council.

Therefore, OFAM was not justified in refusing the pension to [L.] solely on the grounds that the 2.5% threshold was not reached. Even an…